A man is not fully guilty of a misdemeanor if he has consensual a relationship by promising marriage: HC

- A man cannot be found completely guilty if a relationship has taken place with the consent of the married woman after the promise of marriage.

New delhi date. Friday, July 30, 2021

The man cannot be found completely guilty if the marriage took place with the consent of the married woman after the promise of marriage. The Punjab-Haryana High Court made this important remark while granting bail to the accused. However the trial court has been advised to complete the trial without heeding these comments.

The accused had said in the application that the woman had filed a case of rape and SC / ST Act against him at Kurukshetra on March 17. The High Court, after hearing the arguments of the petitioner and the government, said that looking at the FIR, it was clear that the relationship with the woman was not forcibly established.

The woman allegedly did not have a good relationship with her husband. In the midst of all this the petitioner had formed a relationship with her by promising to marry her. The High Court said that in this case marriage was promised and for some reason the marriage could not take place. Because of this, the case is consensual. Also, if a woman is currently married and has not divorced her husband, she cannot marry the accused.

In these circumstances, even if the allegations are fully proven, the man cannot be found completely guilty. The High Court said that when the SC / ST Act was enacted, no mention was made to prove that the complainant had been insulted or made a victim due to his caste.